Tuesday, September 18, 2018

5 Key Points for Legal From the EU's Controversial Digital Copyright Directive

Earlier this week, the European Parliament passed a new draft of the European Union digital copyright directive, legislation that has been championed by content creators and publishers, but decried by tech behemoths.
The directive will have to go through more committee discussions and another parliamentary vote before it can become law, but this doesn’t mean the polarizing legislation isn’t already making in-house counsel nervous.
Attention to the latest draft of the directive has been focused on Articles 11 and 13. Article 11 would give online publishers direct ownership of copyright in their publications. The copyright owners would then be able to ask for payment when their content is shared around the web through services such as Google News and Reddit. Article 13, which has been called the “upload filter,” says that online platforms could be held liable when a user uploads infringing content.
Here are five takeaways for in-house lawyers from the latest iteration of the directive:

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